KUALA LUMPUR (10 DECEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) views with grave concern the recent enforcement raid at a wellness centre involving several individuals, including public officers. SUHAKAM acknowledges the role of enforcement agencies in upholding the law and the responsibility of the Public Service Department (PSD) to address allegations of misconduct within the civil service. However, these actions must be carried out in a manner that is consistent with constitutional and legal safeguards, due process, and respect for human dignity.
SUHAKAM notes reports that the raid was conducted and arrests hastily effected without the presence or identification of victims. Enforcement actions, especially involving personal conduct and arrest, must be based on verified information and credible evidence. In the instant case, the absence of identifiable victims and evidence, as clarified by the Kuala Lumpur Police Chief Officer (CPO), raises concerns about the basis of the mass arrests and any ensuing disciplinary measures. SUHAKAM is also concerned by the fact that the individuals arrested were not promptly released despite the magistrate’s refusal to grant the police’s remand application. Any delay in release, let alone a prolonged delay, as is the case here, after the court’s refusal of the remand application raises serious questions about compliance with judicial directions and respect for personal liberty and may undermine due process and constitutional protections.
Credit must be given to the Kuala Lumpur CPO, for being candid in clarifying that ‘All those arrested were investigated under Sections 377/372 of the Penal Code, but there was no evidence to help police pursue the case in that direction.’ (Sunday Malay Mail Nov. 30.) However, this clarification begs the question: If there was no evidence, then, why the mass arrests in the first place? Aren’t the hasty mass arrests constituted violations of Article 5 of the Federal Constitution that no person shall be deprived of his life or liberty saved in accordance with the law?
Where public officers are concerned, SUHAKAM stresses the need to strictly follow the Public Officers (Conduct and Discipline) Regulations 1993, which outline fair, transparent and impartial procedures for investigations, show-cause processes and disciplinary inquiries. Officers must be clearly informed of the allegations and given a meaningful opportunity to respond before any action is taken. These requirements are reinforced by Article 135(2) of the Federal Constitution, which prohibits dismissing or demoting an officer without a reasonable opportunity to be heard. These safeguards ensure disciplinary decisions are made fairly, based on facts and law, and not on premature assumptions or prejudices.
SUHAKAM also expresses concern regarding reports of the exposure of personal identities of individuals involved. The right to privacy and dignity must be protected throughout any investigation. Public disclosure prior to the establishment of facts may cause undue harm and is inconsistent with human dignity and human rights standards, including the principles reflected in the Universal Declaration of Human Rights.
In light of these concerns, SUHAKAM calls on the relevant authorities to ensure that:
i. All investigations are conducted transparently, objectively, and based on verified evidence;
ii. The rights of individuals involved, including public officers, are fully upheld in accordance with the 1993 Regulations and constitutional guarantees;
iii. Personal identities are protected until due process has been completed and findings are established; and
iv. Any disciplinary processes are not initiated or concluded prematurely before all facts are properly assessed.
SUHAKAM reiterates that safeguarding due process is essential not only to protect individual rights but also to maintain public confidence in enforcement and disciplinary institutions. Fair and transparent investigations and adherence to due process strengthen the rule of law and uphold the integrity of Malaysia’s public service.
-END–
Human Rights Commission of Malaysia (SUHAKAM)
Date: 10 December 2025
EN 
MS